Who Is to Blame If a Pedestrian Was Hit by a Car in a Crosswalk in New York?

If a car hits a pedestrian in a New York crosswalk, the car’s driver is legally responsible in most cases. The driver may therefore owe you damages for pain and suffering as well as economic damages (e.g., the costs of your medical care).

Our New York pedestrian accident lawyers will investigate your accident, identify the at-fault party, and file a claim or lawsuit for the compensation you are entitled to.

Main Causes of Pedestrian Accidents at Crosswalks in New York City

Data from the NYC Crash Mapper provides the following pedestrian accident statistics regarding crashes that occurred at intersections, where many crosswalks are located, in 2023:

• Over 7,500 people were injured and 80 were killed in accidents involving pedestrians.
• In cases where a cause was specified, the most common contributing factor was the driver’s failure to yield the right of way, which played a role in 1,889 pedestrian crashes. Another common cause was driver inattention.
• Pedestrian error or confusion contributed to only 219 collisions.

This information confirms that the vast majority of pedestrian injuries and fatalities are caused by driver negligence.

Identifying Liable Parties in Crosswalk Pedestrian Accidents

Figuring out how your injury happened is vital, as it allows our NYC pedestrian accident lawyers to take action against the liable party. Motor vehicle crashes may happen because of:

Driver Distraction

The New York City Police Department (NYPD) reports that, as of December 2024, distracted or inattentive driving was by far the most common cause of auto accidents. Our legal team will collect evidence, such as police reports, witness statements, photographs, and video, that can help show that the driver was inattentive or otherwise negligent.

Employer Negligence

If you were in a truck accident, a taxi accident, or another collision involving a driver who was on the job at the time, you might be able to bring a case against their employer.

Pedestrian Negligence

In rare cases, pedestrians cause or contribute to traffic crashes — for example, if they dart into the road without warning. Even in those cases, the pedestrian may still recover damages, less their proportionate share of fault.

New York Traffic Laws About Crosswalks: When Do Pedestrians Have the Right of Way?

Pedestrian laws in New York include:

• VAT 1151, which states that drivers must yield to pedestrians in crosswalks. It also requires pedestrians to avoid stepping into the road when a driver is too close to stop for them.
• VAT 1152, which requires pedestrians to yield to drivers when crossing anywhere except a crosswalk.

Pedestrians should always exercise caution on or near roadways. For example, much as drinking and driving increases the risk of a DUI accident, drinking or doing drugs while navigating busy roadways is dangerous for the pedestrian, who may be more likely to behave erratically or step into the road without noticing.

What to Do If You Were Hit by a Car in a Crosswalk in New York

When a pedestrian is hit by a car in a crosswalk, their first steps should be to:

• Get out of the road, unless they are so badly injured that it is unsafe to move.
• Call 911 and get help from both the NYPD and, if necessary, emergency medical services.
• Follow through on their doctor’s recommended treatments.
• Record the accident scene as best they can by taking photos and getting the driver’s contact and insurance information.

In short, it is vital to take any step designed to protect your health and advance your legal rights.

How Do I Get Compensation If I Was Hit by a Car at a Crosswalk in New York?

Depending on your circumstances, you could have multiple options for seeking compensation. Your main option is generally to file a personal injury (car accident) claim against the at-fault driver. If you hire our accident injury law firm to manage your case, we will take all necessary actions to complete your claim. That includes:

• Investigating the collision
• Sending a demand letter
• Commencing a lawsuit
• Negotiating a settlement or taking the case to trial

The resulting pedestrian accident settlement should cover all past, present, and future damages associated with the crash.

If You Cannot Find the At-Fault Driver

Leaving the scene of an accident without helping the injured party is illegal in New York, but some drivers do it regardless. If you cannot find or identify the driver who hit you, Oresky & Associates, PLLC, will pursue other sources of compensation, such as your uninsured motorist insurance or Motor Vehicle Accident Indemnification Corporation (MVAIC) insurance.

Damages You Can Recover After Being Hit in a Crosswalk

You are entitled to compensation for everything this accident has cost you, including but not limited to non-economic damages like:

• Past and future pain and suffering
• Disability
• Scarring
• Reduced quality of life

You are also entitled to economic damages, such as:

• Lost wages
• Out-of-pocket expenses
• Medical bills
• Lost job benefits, such as union benefits
• Property damage

Every pedestrian accident victim’s settlement is different and depends entirely on their situation and losses. Our legal team will determine what you qualify for and what is the best way of pursuing a just settlement or jury award.

Call Now for a Free Consultation

Contact Oresky & Associates, PLLC, at (718) 993-9999 for a free, confidential consultation today. Our attorneys are ready to start protecting your rights.

Free Consultation

Supporting Injury Victims After Being Hit in a Crosswalk

It is essential for you to get appropriate help and support after a collision. That may include speaking with our New York City car accident lawyers to learn about your right to financial compensation as soon as possible. Our law firm is prepared to assist you by:

• Visiting you at home, in the hospital, or via video call
• Explaining your rights in a way that you can understand
• Always being available to address your questions and concerns
• Assisting you in English or Spanish
• Putting your needs first from beginning to end

How Oresky & Associates, PLLC, Helps Injured Pedestrians

Our pedestrian accident attorneys have been representing injured New Yorkers since 1992. In that time, we have been honored to have negotiated or been awarded over $500 million in settlements and verdicts for our clients. That includes:

• A $5 million award for the family of a pedestrian who passed away after being hit by a bus.
• A $4.5 million award for the family of an elderly pedestrian who passed away from his injuries.
• A $3.45 million award for a pedestrian who suffered numerous injuries after being hit by a van.

These and other case results prove that we are dedicated to our clients’ welfare and capable of achieving the results they deserve.

All Pedestrian Accident Victims Deserve Justice

If you are a pedestrian who was hit by a car in a crosswalk, call Oresky & Associates, PLLC, at (718) 993-9999. We will assess your case at no cost or obligation to you and charge no attorneys’ fees until we win.

No matter who is to blame for your New York crosswalk accident or what your legal status is, you deserve justice. Contact us to protect your right to financial damages now.